A.a.r.p. v. Trump

Summary

A per curiam Court granted the detainees' application for an injunction pending further proceedings, construed it as a petition for certiorari before judgment, granted the petition, vacated the Fifth Circuit's dismissal of the detainees' interlocutory appeal as premature, and remanded. It held that the District Court's 14-hour-and-28-minute inaction amid an imminent threat of removal had the practical effect of refusing an injunction and therefore supported appellate jurisdiction, and that notice roughly 24 hours before AEA removal, devoid of information about how to contest removal, fails due process, leaving the precise process to the Fifth Circuit. The Court further held that temporary relief may issue to a putative class without deciding certification, rejecting the argument that the Government's promise to spare named petitioners defeats class treatment. Justice Alito, joined by Justice Thomas, dissented on jurisdiction, the injunction factors, and classwide relief, while Justice Kavanaugh concurred in the injunction but preferred prompt plenary resolution by the Court.